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Kentucky · Weigh your options

Can the lender come after you for the rest? Deficiency judgments in Kentucky

Yes. In a Kentucky foreclosure case, the court can enter a personal judgment against you for the debt along with the order to sell the home, so the lender can collect whatever the master commissioner's sale does not cover. Kentucky has no fair market value cap on that balance that we could confirm. The main limit is that no personal judgment can be entered against someone who was only constructively served and never appeared.

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Reviewed against Kentucky law and official sources on October 11, 2026. General information, not legal advice.

Deficiency rules in Kentucky, point by point

  • Personal judgment and sale in the same case

    When the court enters judgment

    In an action to enforce a mortgage, the judgment may order the sale of the home and also award the debt against you personally. The court can order the sale without giving you extra time to pay.

    KRS 426.005

  • No personal judgment without real service or appearance

    From the start of the case

    A personal judgment cannot be entered against a defendant who was only constructively summoned, for example through a warning order attorney, and who did not appear in the case.

    KRS 454.165

  • The appraisal matters

    Before and after the sale

    The home is appraised before the sale. If it sells for less than two-thirds of the appraised value, you can redeem it within 6 months by paying the sale price plus 10 percent yearly interest and the buyer's upkeep costs. There is no separate fair market value cap on the deficiency.

    KRS 426.530

  • Short sale and deed in lieu

    When you sign the agreement

    Kentucky has no special statute on deficiencies after a short sale or deed in lieu. The written agreement with your lender controls, so ask that it clearly says the lender waives any remaining balance.

  • How long a judgment can be collected

    15 years from the last collection step

    An action on a judgment must be brought within 15 years, counted from the date of the last execution on it. Each collection step, such as a garnishment, can restart that clock.

    KRS 413.090(1)

  • If you are asked to pay a balance

    After the sale is confirmed

    Check the master commissioner's report of sale for the price, and how you were served. Use Kentucky Justice Online: Find Legal Help Near You or the Kentucky Bar Association Lawyer Referral Services listed on our Kentucky foreclosure help page.

The short answer in Kentucky

Can the lender come after me for the rest?

Deficiency judgments allowed

Yes. In a foreclosure case the court can enter a personal judgment against you for the debt, so the lender can collect any amount the sale does not cover. One limit: no personal judgment can be entered against a defendant who was only constructively summoned (for example, served through a warning order instead of in person) and who did not appear in the case. Kentucky has no fair market value limit on deficiency judgments that we could confirm.

KRS 426.005(1); KRS 454.165

Common questions in Kentucky

Can a Kentucky lender get a deficiency if I was served by warning order?

Not unless you appear in the case. Kentucky law forbids a personal judgment against a defendant who was only constructively summoned and did not appear. Filing papers in the case can count as an appearance, so get advice from legal aid first.

Does a low sale price in Kentucky raise what I owe?

It can, because Kentucky has no fair market value cap on deficiencies that we could confirm. A low price does give you a different right: if the home sells for less than two-thirds of its appraised value, you can redeem it within 6 months.

How long can a Kentucky deficiency judgment follow me?

A lawsuit on a judgment must be brought within 15 years after the last execution on it. Because each collection step can restart the period, a judgment that is actively collected can last a long time. Ask a lawyer about bankruptcy or a settlement if you cannot pay.

Step by step

More on foreclosure in Kentucky

Understand the process

What is happening and how much time there is.

Weigh your options

What can stop it, and what happens if it goes ahead.

Get help now

Who to call, and what to do when a sale is scheduled.

Also in Kentucky

Property tax foreclosure Claim surplus funds Deficiency judgments (this page)Letters you may get

Back to the Kentucky overview

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Sources for this page

  1. KRS 413.090: Action upon judgment; fifteen-year limitation
  2. KRS 426.005, Personal judgment in action to enforce mortgage or lien
  3. KRS 426.006, Other liens to be stated in action to enforce lien
  4. KRS 426.205, Sale of vacant and abandoned real property
  5. KRS 426.260, Motion for possession by purchaser
  6. KRS 426.500, Surplus proceeds of sale
  7. KRS 426.520, Appraisal of real property before judicial sale
  8. KRS 426.522, Public, judicial sale by licensed auctioneer (amended effective July 15, 2026)
  9. KRS 426.525, Mortgage foreclosure forbidden; rights of mortgagee after default
  10. KRS 426.530, Right of redemption
  11. KRS 426.540, Redemption right may be sold; report of sale
  12. KRS 426.560, Newspaper advertisement required in execution and judicial sales
  13. KRS 426.700, Time, place and terms of sale; notice
  14. KRS 426.705, Bond required of purchaser
  15. KRS 424.130, Times and periods of publication
  16. KRS 454.165, Personal judgment against defendant constructively summoned forbidden
  17. KRS 427.060, Homestead exemption; exceptions
  18. KRS 286.2-020, Required disclosure of Kentucky Homeownership Protection Center services
  19. KRS 380.010, Debt adjusting definitions
  20. KRS 380.030, Persons exempt from classification as debt adjuster
  21. KRS 380.040, Persons engaged in debt adjusting: prohibitions and registration
  22. KRS 380.060, Contract, disclosure and debtor's right to cancel
  23. KRS 380.110, Cause of action for violation of KRS Chapter 380
  24. Supreme Court of Kentucky Order 2024-40 (corrected, entered January 21, 2025), AP Part IV, Master Commissioners of the Circuit Court
  25. Jefferson Circuit Court local rules
  26. Jefferson Circuit Court Master Commissioner
  27. Kentucky Homeownership Protection Center, home page (HAF closure notice)
  28. Kentucky Homeownership Protection Center, Homeowner Assistance Fund eligibility page
  29. Kentucky Homeownership Protection Center, Foreclosure Process
  30. Kentucky Homeownership Protection Center, Resources
  31. U.S. Department of the Treasury, Homeowner Assistance Fund
  32. Kentucky Justice Online, Foreclosure (last updated August 20, 2024)
  33. Kentucky Court of Justice, Legal Self-Help
  34. Kentucky Attorney General, Consumer Complaints
  35. Kentucky Department of Financial Institutions, Submit an Online Complaint
  36. Kentucky Bar Association, Lawyer Referral Services
  37. Kentucky Department of Revenue, Homestead Exemption